33 USC 2356 - Project consultation

U.S Code last checked for updates: May 03, 2024

§ 2356.

Project consultation

(a)

Reports required

Not later than 180 days after December 27, 2020, the Secretary shall submit the following reports:

(1)

The report required under section 1214 of the Water Resources Development Act of 2018 (132 Stat. 3809).

(2)

The report required under section 1120(a)(3) of the Water Resources Development Act of 2016 (130 Stat. 1643).

(b)

Environmental justice updates

(1)

In general

(2)

Update

(3)

Requirements

In updating the policies, regulations, or guidance under paragraph (2), the Secretary shall—

(A)

provide notice to interested non-Federal stakeholders, including representatives of minority communities, low-income communities, and Indian Tribes;

(B)

provide opportunities for interested stakeholders to comment on potential updates of policies, regulations, or guidance;

(C)

consider the recommendations from the reports submitted under subsection (a); and

(D)

promote the meaningful involvement of minority communities, low-income communities, and Indian Tribes.

(c)

Community engagement

In carrying out a water resources development project, the Secretary shall, to the extent practicable—

(1)

promote the meaningful involvement of minority communities, low-income communities, and Indian Tribes;

(2)

provide guidance and technical assistance to such communities or Tribes to increase understanding of the project development and implementation activities, regulations, and policies of the Corps of Engineers; and

(3)

cooperate with State, Tribal, and local governments with respect to activities carried out pursuant to this subsection.

(d)

Tribal lands and consultation

In carrying out water resources development projects, the Secretary shall, to the extent practicable and in accordance with the Tribal Consultation Policy affirmed and formalized by the Secretary on November 1, 2012 (or a successor policy)—

(1)

promote meaningful involvement with Indian Tribes specifically on any Tribal lands near or adjacent to any water resources development projects, for purposes of identifying lands of ancestral, cultural, or religious importance;

(2)

consult with Indian Tribes specifically on any Tribal areas near or adjacent to any water resources development projects, for purposes of identifying lands, waters, and other resources critical to the livelihood of the Indian Tribes; and

(3)

cooperate with Indian Tribes to avoid, or otherwise find alternate solutions with respect to, such areas.

(Pub. L. 116–260, div. AA, title I, § 112, Dec. 27, 2020, 134 Stat. 2625.)

cite as: 33 USC 2356